The duty to make reasonable adjustments: tips for employers

Employers will be well aware that they have a duty to make reasonable adjustments for disabled employees. Despite this, there seems to be an uptick in litigation surrounding this area – we are seeing more cases reaching the Employment Tribunal with employees claiming there has been a failure to make reasonable adjustments. Earlier this year, for instance, an NHS worker was awarded over £70,000 for disability-related claims, which included a seven-month delay in providing a sit-stand desk, which had been recommended by a health and safety advisor. 

Acas has also reported various issues with employers’ implementation of reasonable adjustments, including a lack of knowledge about possible reasonable adjustments to make and disputes concerning whether an adjustment is "reasonable".

In this blog, we provide a reminder of the duty to make reasonable adjustments and some tips for employers on how to implement it effectively.

The law

The duty to make reasonable adjustments arises where a disabled person is placed at a substantial disadvantage by:

• An employer’s provision, criterion or practice (PCP). This is defined broadly and can include formal or informal practices, policies and arrangements of the employer. It can also include one-off decisions.
• A physical feature (for example, a feature arising from the design of a building or equipment on the premises or an entry/exit to a building).
• An employer’s failure to provide an auxiliary aid (for example, additional computer equipment).

Failure by the employer in these circumstances to make reasonable adjustments to avoid that disadvantage may result in a breach of the Equality Act 2010.

Some key points about the duty are:

• A reasonable adjustment only needs to be made under the Equality Act 2010 where the employee is disabled under the definition in the Act: “A person has a disability if they have a physical or mental impairment, and the impairment has a substantial and long-term adverse effect on their ability to carry out normal day-to-day activities.” At times it will not be clear-cut whether a person has a disability, and we encourage employers to err on the side of caution in these circumstances.
• Having said that, where it is clear that an employee does not have a disability, there is no statutory obligation to make reasonable adjustments (though see below for reasonable adjustments in the context of managing absence), and employers should feel able to push back on unreasonable requests.
• The employer will be obliged to make reasonable adjustments if it knows or could reasonably be expected to know that the individual is disabled and that they may be placed at a substantial disadvantage as a result. Knowledge can be imputed by the employer and employers are encouraged to do what they reasonably can to find out this information.
• The adjustment must be reasonable to make in the circumstances. What is ‘reasonable’ will depend on a number of factors, including the nature of the adjustment, its effectiveness in removing the disadvantage, the size and resources of the organisation and how much the adjustment would disrupt the employer’s activities. Adjustments that have been found to be reasonable include, for example: allowing flexible working arrangements for a disabled worker, acquiring or modifying equipment and modifying grievance or disciplinary according to the worker’s needs.
• The employer is responsible for paying for all reasonable adjustments and cannot pass this onto an employee. While the cost of making a reasonable adjustment, together with the financial resources of an employer, can be a factor in determining its reasonableness, it should not be the sole consideration, and even if an adjustment is expensive, it may still be considered reasonable if it is cost-effective in overall terms.
• The duty applies in recruitment as well as employment, and employers have a duty to make reasonable adjustments for job applicants. Some possible adjustments which may be required in a recruitment process include altering assessment procedures, such as giving extra time or providing assistive technology, ensuring the interview room is accessible and allowing a support worker to attend the interview.
• We have seen an increase in adjustments being required for neurodiverse employees. Please see our blog for more information: ADHD and employment law: a guide for the workplace.
• In some circumstances, it may be appropriate for an employer to consider reasonable adjustments even if an employee does not have a disability. For example, in the context of sickness absence, employers may need to consider reasonable adjustments to support an employee back to work or as part of a capability procedure.

Tips for employers

Whether the duty applies and whether an adjustment is reasonable should always be assessed on a case-by-case basis – what may be reasonable for one employee will not necessarily be for another. This is a tricky area for employers to get right and we have set out below a few tips that may assist:

• Foster an open dialogue – encourage employees to speak openly about their needs and what would be most helpful in removing their disadvantage. A supportive culture means identifying and implementing effective adjustments early.
• Keep clear records – document all requests for reasonable adjustments, as well as discussions that take place and decisions made. If you have decided not to implement an adjustment, record this properly and speak to the employee to set out the reasons.
• Be proactive – if you become aware of a potential adjustment that could be helpful, even without a formal request, you could be required to implement it.
• Internal communication – ensure that the disabled employee’s manager is aware of any agreed adjustments and that they continue to apply them.
• Seek expert advice where needed – occupational health professionals can provide valuable insights into what may be a reasonable adjustments. Lawyers can assist, especially in complex cases.
• Review and adapt – needs can change. Regularly check in with employees to ensure that any adjustments remain effective.
• Acas has provided some helpful guidance as to what may constitute a reasonable adjustment – we recommend you read this carefully.

This publication is a general summary of the law. It should not replace legal advice tailored to your specific circumstances.

© Farrer & Co LLP, June 2025